The Gambia 2019 Draft Constitution

CHAPTER VII. REPRESENTATION OF THE PEOPLE

PART I. FRANCHISE

72. General principles for the electoral system

The electoral system shall comply with the following principles—

1. freedom of citizens to exercise their political rights under section 51;
2. fair representation of all gender in the elective public bodies;
3. fair representation of the youth and persons with disabilities;
4. universal suffrage based on the aspiration for fair representation and equality of vote; and
5. free and fair elections which are-
   1. by secret ballot;
   2. free from violence, intimidation, improper influence or corruption;
   3. conducted by an independent body;
   4. transparent; and
   5. administered in an impartial, neutral, efficient, accurate and accountable manner.

73. The right to be registered and to vote

1. A person is qualified to be registered as a voter at elections or referenda if the person-
   1. is a citizen of The Gambia;
   2. is eighteen years old or older;
   3. is not declared to be of unsound mind; and
   4. has not been convicted of an election offence during the preceding five years.
2. Every citizen of the age of eighteen or above has a duty to register as a voter for public elections and referenda.
3. The Independent Boundaries and Electoral Commission shall provide for and make necessary arrangements for the continuous registration of voters and the conduct of elections which shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or contest an election.
4. The registration of voters shall cease six months before any public elections.

74. Candidates for election and compliance with code of conduct

1. The Independent Boundaries and Electoral Commission shall prescribe a code of conduct for all political parties and for all candidates in an election.
2. In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Boundaries and Electoral Commission pursuant to subsection (1).

75. Eligibility to contest as an independent candidate

A person is eligible to contest as an independent candidate for election if the person-

1. is not a member of a registered political party; and
2. satisfies the requirements, prescribed in this Constitution, for a candidate for any public election.

76. Secret ballot

All public elections and all referenda voting shall be by secret ballot.

77. Electoral laws

1. Subject to the provisions of this Constitution, an Act of the National Assembly shall make provision for giving effect to the provisions of this Chapter.
2. Without prejudice to the generality of subsection (1), an Act of the National Assembly shall provide for—
   1. the delimitation by the Independent Boundaries and Electoral Commission of electoral boundaries for election of members of the National Assembly and Local Government Authorities;
   2. the nomination of candidates;
   3. matters relating to continuous registration of voters for the purposes of public elections;
   4. voting at, and the conduct of, public elections and referenda;
   5. the duties of public officers in connection with the registration of voters and the conduct of public elections and referenda;
   6. the progressive registration of citizens outside The Gambia, and the progressive realisation of their right to vote;
   7. equal access to public facilities and the media by candidates at public elections; and
   8. any other matters necessary for boundaries delimitation and management of elections and political parties.
3. Legislation required by subsection (2) (d) and (e) shall ensure that voting at every public election is-
   1. simple;
   2. transparent; and
   3. takes into account the special needs of-
      1. persons with disabilities; and
      2. other persons or groups with special needs.
4. The National Assembly shall not amend, repeal or introduce any law in relation to elections within a period of nine months before elections are held.

78. Obligations of Independent Boundaries and Electoral Commission at every public election

At every public election, the Independent Boundaries and Electoral Commission shall ensure that-

1. whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent;
2. the votes cast are counted, tabulated and the results announced promptly by the presiding officer at the polling station at which the votes are cast;
3. the results from the polling stations are openly and accurately collated and promptly announced by the returning officer; and
4. appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safekeeping of election materials.

PART II. THE INDEPENDENT BOUNDARIES AND ELECTORAL COMMISSION

79. Establishment and membership of the Independent Boundaries and Electoral Commission

1. There is established the Independent Boundaries and Electoral Commission (hereafter referred to as “the Commission”) for The Gambia.
2. The members of the Commission shall be a Chairperson and four other members whose qualifications and disqualification are as set out in section 215.
3. The members of the Commission shall be appointed by the President, subject to confirmation by the National Assembly with the votes of at least sixty per cent of all the members of the Assembly.
4. Subject to the provisions of this section, the members of the Commission shall be appointed for a period of seven years and may be re-appointed for one further term.

80. Functions of the Commission

1. Subject to the provisions of this Constitution, the Commission shall be responsible for-
   1. the conduct and supervision of the continuous registration of voters for all public elections and referenda;
   2. the compilation and regular revision of the register of voters;
   3. the delimitation of constituencies, wards and districts;
   4. the conduct of the election of a Speaker and Deputy Speaker;
   5. the registration of political parties;
   6. the development of codes of conduct for candidates and political parties contesting elections;
   7. the facilitation of the observation, monitoring and evaluation of elections;
   8. voter education on boundary delimitation and electoral matters;
   9. ensuring that the times, places and dates (not specified in this Constitution) of public elections and referenda are determined in accordance with law and that they are publicised and elections held accordingly;
   10. ensuring that the period for campaigning for public elections is adequate and shall not, in any case, be less than four weeks prior to any election; and
   11. confirming that a candidate for public election has made a full declaration of his or her assets to the Anti-Corruption Commission.
2. The Commission shall announce the final results of all elections and referenda.

81. Electoral Boundaries

1. Subject to this section, there shall be such number of constituencies for the purposes of the election of the members of the National Assembly as may be determined by the Commission and each constituency shall be represented by the number of members specified in Schedule 2.
2. The Commission shall review the number, names and boundaries of constituencies, including the constituency representing persons with disabilities, at intervals of not less than ten years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of the National Assembly.
3. The Commission shall review the number, names and boundaries of wards and districts at such intervals as may be prescribed in an Act of the National Assembly.
4. If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.
5. The boundaries of each constituency and ward shall be such that the number of inhabitants in the constituency or ward is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency or ward may be greater or lesser than the population quota to take account of-
   1. geographical features and population density;
   2. community of interest, historical, economic and cultural ties;
   3. boundaries of existing administrative areas; and
   4. means of communication.
6. In reviewing constituency and ward boundaries the Commission shall—
   1. consult all interested parties; and
   2. progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota.
7. If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards and districts and, where it makes such alteration, it shall, by an Order published in the Gazette, amend Schedule 2.
8. Subject to subsections (1), (2), (3) and (4), the number, names and details of the boundaries of constituencies, wards and districts determined by the Commission shall come into effect on the dissolution of the National Assembly or a Local Government Council, as the case may be, first following their publication.
9. A person may apply to the High Court for review of a decision of the Commission made under this section.
10. An application for the review of a decision made under this section shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed.
11. For the purposes of this section, “population quota” means the number obtained by dividing the number of inhabitants of The Gambia by the number of constituencies or wards, as applicable, into which The Gambia is divided under this section.

PART III. POLITICAL PARTIES

82. Political Parties

1. No association, other than a political party registered under or pursuant to an Act of the National assembly, shall sponsor candidates for public elections.
2. Every political party shall—
   1. have a national character as prescribed by an Act of the National Assembly;
   2. have a democratically elected governing body;
   3. promote and uphold national unity;
   4. abide by the democratic principles of governance, and promote and practise democracy through regular, fair and free elections within the party;
   5. respect the right of all persons to participate in the political process, including women, youth, persons with disabilities, and other marginalised groups;
   6. promote gender equity in selecting candidates for election, having due regard to subsection (6);
   7. ensure that at least ten percent of candidates for election to the National Assembly are youth;
   8. respect and promote human rights and fundamental freedoms, and gender equality and equity;
   9. promote the objects and principles of this Constitution and the rule of law;
   10. declare to the public their revenues and assets, and the sources of those revenues and assets;
   11. publish to the public annually their audited accounts within six months of the end of the financial year, failing which the Independent Boundaries and Electoral Commission may deregister the party; and
   12. subscribe to and observe the code of conduct prescribed for political parties by the Independent Electoral and Boundaries Commission pursuant to section 80 (1) (f).
3. A political party shall not—
   1. be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
   2. engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
   3. establish or maintain a paramilitary force, militia or similar organisation;
   4. engage in bribery or other forms of corruption; or
   5. except as is provided under this Chapter or by an Act of the National Assembly, accept or use public resources to promote its interests or its candidates in elections.
4. Only a citizen of The Gambia may make a contribution or donation to a political party registered in The Gambia.
5. A member of an organisation or interest group shall not be required to join a particular political party by virtue of his or her membership of the organisation or group.
6. Nothing contained in Schedule 2 shall be construed to exclude a woman or a person with disabilities from contesting an election for a single member constituency, whether as an independent candidate or a member of a registered political party.
7. For the purpose of subsection (2) (g), “youth” refers to a person who is not above the age of thirty-five years.